Current through Register Vol. 48, No. 12, March 22, 2024
a)
Resource information. Each application shall include fish and wildlife resource
information for the permit area and adjacent area.
1) The scope and level of detail for such
information shall be determined by the Department in consultation with State
and Federal agencies with responsibilities for fish and wildlife and shall be
sufficient to design the protection and enhancement plan required under
subsection (b).
A) Prior to initiating such
studies, the applicant shall contact the Department to determine, in accordance
with subsection (a)(1)(B), what fish and wildlife resources information will be
required.
B) The Department shall
determine the level of detail and the areas of such studies according to:
i) Published data and other pertinent
unpublished information;
ii)
Site-specific information obtained by the applicant; and
iii) Written guidance obtained from agencies
consulted.
2)
Site-specific resource information necessary to address the respective species
or habitats shall be required when the permit area or adjacent area is likely
to include:
A) Listed or proposed endangered
or threatened species of plants or animals or their critical habitats listed by
the Secretary under the Endangered Species Act of 1973, as amended (
16
U.S.C. 1531 et seq.) or those species or
habitats protected by the Illinois Endangered Species Protection Act [520 ILCS
10 ];
B) Habitats of unusually high
value for fish and wildlife such as important streams, wetlands, riparian
areas, cliffs supporting raptors, areas offering special shelter or protection,
migration routes, or reproduction and wintering areas; or
C) Other species or habitats identified
through agency consultation as requiring special protection under State or
Federal law.
b) Protection and enhancement plan. Each
application shall include a description of how, to the extent possible using
the best technology currently available, the operator will minimize
disturbances and adverse impacts on fish and wildlife and related environmental
values, including compliance with the Endangered Species Act, during the
surface coal mining and reclamation operations and how enhancement of these
resources will be achieved where practicable. This description shall -
1) Be consistent with the requirements of 62
Ill. Adm. Code
1816.97;
2) Apply, at a minimum, to species and
habitats identified under subsection (a); and
3) Include -
A) Protective measures that will be used
during the active mining phase of operation. Such measures may include the
establishment of buffer zones, the selective location and special design of
haul roads and powerlines, and the monitoring of surface water quality and
quantity; and
B) Enhancement
measures that will be used during the reclamation and postmining phase of
operation to develop aquatic and terrestrial habitat. Such measures may include
restoration of streams and other wetlands, retention of ponds and impoundments,
establishment of vegetation for wildlife food and cover, and the replacement of
perches and nest boxes. Where the plan does not include enhancement measures, a
statement shall be given explaining why enhancement is not
practicable.
c) Fish and Wildlife Service review. Upon
request, the Department shall provide the resource information required under
subsection (a) and the protection and enhancement plan required under
subsection (b) to the U.S. Department of the Interior, Fish and Wildlife
Service Regional or Field Office for their review. This information shall be
provided within 10 days of receipt of the request from the Service.
